1 F. 480 -

1 F1d 480

class="ad-unit">

Case Text

IN'RB TIBURCIO PARROTT.

481

In re

TmURCIO PARROTT.

Court, lJ. California. March, 1880.) TREATY·:MAKING PowER.-Under section 10, art. 1, of the of the United States, and section 2, a.rt. 2, the treaty-making power, has been surrendered by the s'Latea to the national government, and vested in the president and senate of the United States. TREATIEs-EFFECT of.-Under article 1, the constitution of the United States llnd laws made in puzsuance thereof, and treaties made under its authority, are the suprmne law of the land; and the judges in every state, both state and national, are bound thereby, anything in the con· 8titution or laws of any state to the contrary notwithstanding. CIIINESE Tro;ATY WITHIN 'fREATY-lIIAKlNG POWER.-The provisions of articles 5 and 6 of the treaty with China of June 18,1868, recognizing the right of the citizens of Ohina to emigrate to the United States for purposes of curiosity, trade and permanent residence, and providing that Chinese subjects residing in the United States shall enjoy the same privileges, immunities, and exemptions in respect to travel and residence as may be enjoyed by the citizens or sUbjects of the most favored nations, (16 Stat. 740,) are within tbe treaty-making power conferred by the constitution upon the president and senate, and are valid, and constitute a part of the supreme law of the land. CONSTITUTION OF CALIFORNIA.-TREATY.-Any provision of the constitu. tion or laws of California in conflict with the treaty with China is void. SECTION 2 OF ART. 19 OF TUB CONSTI1'UTION OJ' prOViding that no corporation formed under the laws of the state shall, directly or indirectly, in any capacity, employ any Chinese or Mongolian, and quiring the legislature to pass such laws as may be necessary to enforce the provision, is in conflict with articles 5 and 6 of said treaty with Ohina, and is void. ACT MAKING IT AN OFFENCE TO EMPLOY CHINESlll.-The act of Febr.uary 13, 1800, to enforce said article of the constitution making it an offence for any officer, director, agent, etc., of a corporation to employ Chinese violates the treaty with Ohina, and is void. TUB PRIVILEGES AND IMMUNITIES which, under the treaty, the G'hinese are entitled to enjoy to the same extent as enjoyed by the subjects of the most favored nation, are all those rights which are fundamental, and of right to citizens of all free governments; and among them i8 the right to labor, and to pursue any lawful employment in a lawful manner. LABOR-PnOPERTY.-Property is everything which has an exchangeable value. Labor is property, and the right to make it available is next in importance to the right to life a.nd liberty.

v.l,no.8-3!

482

FEDERAL REPORTER.

FOURTEENTH AMENDMENT TO NATIONAL CONSTITUTION.-The proviAions of article 19 of the constitution of California, And said Act of the legislature passed to enforce it, prohibiting the employment of Chinese, are also in contlict with the provisions of the fourteenth amendment to the constitutio.n of the United States, and lire void on that ground. BA.ME.-Said provisions are in conflict with that part of the said fourteenth amendment which provides that no state shall deprive any person of life, liberty, or property, without due process of law. 8AME.-Theyare also in conflict with that portion of said amendment which provides that no state shall deprive Any person within its jurisdiction of the equal protection of the laws. CHINESE OR MOKGOLIANS, residing within the jUrisdiction of California, are" persons" within the meaning of the term as used in the said fourteenth amendment to the constitution. SECTIONS 1977 AND 1978 OF THE REVISED 8TATUTES OF THE UNITED STATEe were passed in pursuance of said fourteenth amendment, and to give it effect; and said constitlitional and statutory provisions of the state of California are in conflict with said provisions of the Revised Statutes. DISCRIMINATING LEGISLATION by a state against any class of persons, or against persons of any particular race or nation, in whatever form it may be expressed, deprives such class of persons, or persons of such particular race or nation, of the equal protection of the laws, and is prohibited by the fourteenth amendment. THIS INHIBITION OF THE FOURTEENTH AMENDMENT UPON A STATE applies to all the instrumentalities and agencies employed in the administration of its government; to its executive, legislative and judicial departments, and to the subordinate legislative bodies of counties and cities. POWER OVER CORFORATIONS.-Where the state legislation, under its reeerved power to alter and repeal charters of corporations, comes in conflict with valid treaty stipulations, and with the constitution of the United States, it is void. SAYE.-Where the policy of state legislation, under its reserved power to' alter or repeal charters of corporations, does not have in view the relations of the corporations to the state as the object to be effected, but seeks to reach the Chinese and exclude them from a large field of labor, the ultimate object being to drive them from the state, in violation of their rights under the conetitutioll and treaty stipulations-the discriminating legislation being only the meallS by which the end is to he attained-the end sought is a violation of the constitution and treaty, and the legislation as such is void. UNLAWFUL OBJECT.-Where the object sought is unlawful, it is unlawful to use any means to accomplish the object. UNCONSTITUTIONAL ACT.-That which cannot be constitutionally dODO directly, cannot be done indirectly.